Thomas County District Court

 

 

15th Judicial District Court
Court Services

The administration of Court Services in the State of Kansas allows for a great deal of discretion in the services that can be provided from one judicial district to the next. This allows each Court Services administrator to design programs that fit the context of that particular judicial district. The 15th Judicial District is a seven-county district served by only four Court Services Officers. Yet the total population in the district is similar in size to a typical mid-size Kansas city (approximately 30,000 people). Thus the geographic setting is the primary influence that colors all of the various programs that Court Services makes available to the public and to the Court in this District.

Those specific programs are as follows:

1) Felony Presentence Investigations and Reports

There are various statutory requirements that impact the role of the Court Services Officer. The investigation and preparation of presentence reports of those persons who are convicted of a felony crime are among the duties that are statutorily mandated.

2) Supervision of Felony Probation

The Court may order that a convicted felon be placed on probation to Court Services. A Court Services Officer is then assigned the responsibility of supervising the probation in order to assure that the probationer is complying with the Court’s orders. The Kansas Statutes (K.S.A. 21-4610) set forth certain obligations of probationers to the Court that the Court Services Officer must monitor. The Court, through the assigned Court Services Officer, may establish any special programs that can be added to the statutorily required conditions in order to satisfy each probationer’s specific risks to the public and individual needs.

The Court Services Officer has a dual role while supervising an individual who has been placed on probation. The Court Services Officer has a primary responsibility to assure that public safety issues are given consideration foremost, while also providing the necessary resources to respond to the particular needs of each probationer. Each case, then, has its own peculiar blend of responsibilities for supervision based upon the supervising Court Services Officer assessment and plan for that particular case.

3) Misdemeanor Presentence Investigations and Reports

Court Services Officers in the 15th Judicial District will provide misdemeanor presentences investigations upon request of the Court. However, consideration has to be given to other workload dictates first.

4) Supervision of Misdemeanor Probation

Court Services will assign adult misdemeanor probation cases upon receiving orders from the Court. The method of supervising is similar to that stated in the felony probation section above. However, the very fact that the case is a misdemeanor means that there are no statutory provisions for transferring a misdemeanor case out-of-state for supervision purposes.

5) Supervision of Traffic Ordinance Offenders

Traffic Offender supervision is a discretionary service provided by Court Services. If the ordinance violated is a serious traffic offense and the current workload assignments allow the necessary time, then such a case can be assigned for supervision.

6) Supervision of Fish and Game Violators

Supervision of Fish and Game violators is a discretionary service provided by Court Services. If the Fish and Game violation is a serious violation and the current workload assignments allow, then such a case can be assigned for supervision.

7) Bond Supervision

Court Services Officers will provide supervision to those individuals who have bonded out of jail and are awaiting trial. Based on the premise that a person is innocent until proven guilty, certain individuals can be supervised in the community with little or no impact upon public safety. This program can help relieve jail overcrowding while at the same time providing public security by supervising and monitoring the person’s activities.

8) Progress and Status Reports

Court Services Officers will provide written and oral progress reports to the Court upon request. These reports are also provided to other judicial districts when a probationer from that judicial district is being supervised locally.

9) Supervision of Adult Diversion Cases

Supervision of adult diversion cases as a CSO service is not a current statewide function. Court Services in the 15th Judicial District does not provide this service. State statutes suggest that a diversion is a prosecutor’s function. Having adult diversions supervised by Court Services leads to the suggestion that the Court may have access to information about nonconvicted defendants which could arguably prejudice the Court in further actions related to that defendant.

10) Restitution Investigation and Report

Supreme Court Administrative Order No. 44 states that a Court Services Officer should not be required to determine a restitution amount. Determining restitution is a Court function. However, a CSO shall investigate and report to the Court matters regarding restitution upon receiving orders to do so.

11) Conditional Release from State Hospital

K.S.A. 22-3438 provides for the temporary supervision for persons conditionally released from the State Hospital. A Court Services Officer can provide supervision in the community.

12) Juvenile Presentence Investigation and Reports

K.S.A. 38-1661 mandates that presentence investigation reports on juveniles shall be made prior to all sentencing hearings, unless the Court finds that adequate and current information is available. The Court Services Office will also provide a risk and needs assessment on the juvenile.

13) Juvenile Offender Probation Supervision

Court Services Officers have the responsibility to monitor and enforce all conditions of probation of Juvenile Offenders assigned to Court Services for supervision.

14) Child in Need of Care, Supervision, Reintegration and Progress

K.S.A. 38-1565 sets forth the duties of Court Services to provide formal supervision, reintegration planning, status and progress reports of children in need of care when those children are not placed with the Secretary of Social and Rehabilitation Services.

15) Juvenile Offender Bond Release Program

The 15th Judicial District Court Services will provide bond supervision to those juveniles the Court orders released on bond upon receiving such an order from the Court. This program allows a nonadjudicated or convicted juvenile to be free in the community, albeit under close supervision by Court Services, pending all future hearings.

16) Supervision of Juvenile Offender Aftercare cases

Although providing supervision of Aftercare cases is considered a discretionary duty, Court Services in the 15th Judicial District does not provide this service.

17) Juvenile Diversion Program

Court Services has had a long history of providing supervision to juvenile offenders who have been placed on diversion through the Court’s diversion program. In order for a juvenile to be eligible for the Court’s diversion program, a case has to be filed with the Court. This program provides supervision within the community for a juvenile respondent without the stigma of being adjudicated a Juvenile Offender. Early Court intervention can often steer a wayward child away from future delinquent behaviors.

18) Kansas Violent Sex Offender Registration

Court Services Officers assist those probationers who are required to be registered as a sex offender by advising them of their duty to register with the Kansas Bureau of Investigation, and assuring that the required photographs and fingerprints are obtained prior to release on probation.

19) DNA Sample Collection

K.S.A. 21-2511 requires those blood and saliva specimens from certain adult and juvenile cases be submitted to the Kansas Bureau of Investigation. Court Services Officers make the appropriate arrangements so that these blood and saliva specimens are obtained and sent to the KBI as required by the statute.

20) Alcohol and Drug Testing Program

Court Services has established a program in which those juveniles and adults who have been placed on probation can be required to provide samples of urine or blood for the purpose of monitoring their abstinence from the use of illegal substances and alcohol. This program is often used in conjunction with a condition of probation requiring the individual to be involved in counseling with an alcohol and drug counselor that has been certified by the State of Kansas.

21) Check Writing and Budget Classes

Court Services provided an opportunity for those persons who have been convicted of the crime of writing worthless checks to learn how to set up a household budget and follow it, how to reconcile the bank statement to the checkbook, and how to maintain household finances for tax purposes without having to rely upon writing checks. A Court Services Officer teaches the class each month in one of two locations, the Sherman County Courthouse in Goodland and the Thomas County Courthouse in Colby. All probationers and other family members that are being supervises within the judicial district are eligible to attend the classes.

22) Miscellaneous Duties

Court Services Officers have other miscellaneous and sundry duties that pertain to their position. Basic to the everyday approach to probation services is setting out “probation plans.” Used in conjunction with Risk/Needs Assessments, a Court Services Officer designs a plan of probation that attempts to answer certain critical needs of the probationer. Thus, a probationer may be directed into mental health counseling, or into alcohol and drug counseling, or into an anger management program, or a domestic violence program. All of these services are designed to eventually help the probationer with particular problems, to keep him or her out of trouble and out of Court, and to provide for public safety.